Deception
I. TA s.15
1. Any deception (whether deliberate or reckless) .. as to fact or law, including a deception as to the present intentions of the person using the deception.
DPP v. STONEHOUSE (1977)
- representation of fact, law, or intention that is false
- this in the knowledge of or indifference to its falsity
- this has to be communicated to the person from whom the property is obtained
- the person must believe this to be true
- the accused himself or another person assuming the rights of owner of the property so obtained
2. Remarks
- representation may be implied
- the person deceived may differ from the person suffering the loss
- abuse of credit cards will amount to deception
II. TA s.16
Any deception as a result of which one dishonestly obtains for himself or another any pecuniary advantage.
III. TA 1978 (allied offences)
1. These are:
- dishonestly obtaining services by deception
- evasion of liability by deception (dishonest remission of any legally enforceable liability; inducing a creditor to wait to forego a payment)
- making off without payment